Cross-Border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022: practice guidance, notice and undertaking template
This practice guidance is out of date and should not be used. It has been replaced by the Cross-border Placement of Children (Requirements, Effect, and Enforcement) (Scotland) Regulations 2026.
Part 2 - Undertaking
In accordance with regulations 7, 8 and 10 of the Regulations, [name of placing local authority/ Health and Social Care trust] hereby gives the following undertaking: for the duration of the placement6 of the child who is the subject of the deprivation of liberty order detailed in the notice in Part 1 of this document:
[Name of placing local authority/ Health and Social Care trust] will:
provide or secure the provision of all services required to support the child, and meet all of the costs arising from, or in consequence of, the child’s placement, other than the costs of advocacy provided to the child in accordance with regulation 11 of the Regulations.
[Name of placing local authority/ Health and Social Care trust] recognises that any breach of its duties under section 144 or 145 of the Children’s Hearings (Scotland) Act 2011 (“the Act”, as applied and modified by regulation 13(4) and (5) and as read with regulation 3 of the Regulations), including any breach of the foregoing undertaking, may result in enforcement action under sections 146 to 148 of the Act (as applied and modified by regulation 13(6) and as read with regulation 3 of the Regulations.)
Signed by: ……………………………………....................................
on behalf of: …………………………………....................................
(Placing Local Authority/ Health and Social Care trust) Date: …………………………………………….
6 placement” is defined in regulation 2(1) of the Regulations.